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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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Second opinion] I am on L1 visa which is valid till December

Customer Question

Second opinion] hi I am on L1 visa which is valid till December 2018 but my employer is looking to terminate my employment. My wife is expecting a baby due in December 2017 . I want to convert my visa status to green card or any other status which allows me to stay in US till my baby arrives
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: i am currently on L1 visa ( managerial )
JA: Have you talked to a lawyer yet?
Customer: nope not yet my employer told me this today so i am looking to talk to a lawyer so that i can get this process done ASAP
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i think this is it
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Expert James replied 2 months ago.

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you may receive an automatic phone call offer. I do not send that offer, the system does. Feel free to accept it if you would like to talk on the phone. Otherwise, we can continue here.

Please give me some time to consider your question.

Customer: replied 2 months ago.
i want to the legal way available for me to stay in US either through green card or other visa status
Expert:  Expert James replied 2 months ago.

Thank you for your patience. Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: The only way this is possible is if you can self-petition for a green card through EB-1, EB-2 (NIW), you can find another employer who can sponsor you for some sort of employment based status, or you apply for a change of status to some other nonimmigrant status, like an F1 or visitor status.

Personally, because the visitor status is the easiest to get and you can stay in the US while it is processing, and it is usually issued for 6 months, I would think that is the best route to go. That way, you have time to both try to figure out another employment situation and/or you can be here for the birth of the child.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

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Thank you!

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Customer: replied 2 months ago.
what are the requirements for self petition for green card through EB1 or EB2?
Expert:  Expert James replied 2 months ago.

That is a different question than the one you posted.

Customer: replied 2 months ago.
i mentioned in my initial question that i want to convert my status to green card so you mentioned one option which is self petition , i would like to know how i can do that
Expert:  Expert James replied 2 months ago.

The question you asked was about different options that you have available. As a one-time courtesy, courtesy, I will answer this for you here.

Kindly remember that in order for me to get credit for doing my job, you have to go to the top of this page and click on 4 or 5 stars. Thank you!​

The USCIS explains it as follows:

You may be eligible for an employment-based, first-preference visa if:

  • you have an extraordinary ability (you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.)
  • You are an outstanding professor or researcher (You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.)
  • You are a multinational executive or manager. (You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.)

Criteria for EB-1 can be found here: https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability, or your green card would be int eh national interests of the United States. Since you don't have an employer, you are seeking a national interest waiver.

National interest waivers are usually granted to those who have an excpetional ability and the employment in the United States would greatly benefit the nation. Criteria can be found here: https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Expert:  Expert James replied 2 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still open and no credit has been given. Do you require additional assistance? Please let me know. Thank you!